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Constitution of the State of San Andreas
The Constitution of the State of San Andreas is the organic law of the state of San Andreas. The current version was drafted and ratified in May 2009 by the San Andreas Senate, after Governor Jeremiah Fauntroy requested the old 1864 version to be updated. The United States Congress approved Fauntroy's request and the Senate drafted the new constitution. It lies within the same framework as the previous constitution, however now has modern elements. Each civil servant, including law enforcers and state attorneys were given a constitution booklet and recommended to have a basic understanding of the state constitution. It has become a permanent requirement to know the constitution to become a lawyer within the state. Preamble WHEREAS, By order of the Governor of the State of San Andreas, the act of Congress, approved on 17 May 2009 to enable the people of this state to form a constitution and regulate the state government, requires the state legislature to immediately draft said constitution and have it in complete accordance with the Constitution of the United States. THEREFORE, BE IT RESOLVED, That the members of this legislature, elected by the people of San Andreas, assembled in Fort Carson, the capital of the State of San Andreas, and immediately subsequent to its organization, adopt on behalf of the people of San Andreas, a state constitution. ----------------------------------------- We the people of the State of San Andreas, grateful to the Almighty God for our freedom in order to secure Its blessings, insure domestic tranquility, and form a more perfect government, do establish this constitution. ARTICLE 1: Basic Rights SECTION 1: Inalienable rights *All men are by nature free and equal and have certain inalienable rights among which are those of enjoying and defending life and liberty; acquiring, possessing and protecting property and pursuing and obtaining safety and happiness. SECTION 2: Purpose of government *All political power is inherent in the people. The state government is instituted for the protection, security and benefit of the people; and they have the right to alter or reform the same whenever the public good may require it. However, the allegiance of every citizen is due to the federal government in the exercise of all its constitutional powers as the same have been or may be defined by the Supreme Court of the United States; and no power exists in the people of this or any other state of the federal union to dissolve their connection therewith or perform any act tending to impair, subvert, or resist the supreme authority of the government of the United States. The Constitution of the United States confers full power on the federal government to maintain and perpetuate its existence, and whensoever any portion of the states, or people thereof attempt to secede from the federal union, or forcibly resist the execution of its laws, the federal government may, by warrant of the Constitution, employ armed force in compelling obedience to its authority. SECTION 3: Trial by jury *The right of trial by jury shall be secured to all and remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law; and in civil cases, if a majority of the jurors agree upon a verdict it shall stand and have the same force and effect as a verdict by the whole jury. SECTION 4: Freedom of conscience *The free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed in this state, and no person shall be rendered incompetent to be a witness on account of his opinions on matters of his religious belief, but the liberty of conscience hereby secured, shall not be so construed, as to excuse acts of licentiousness or justify practices inconsistent with the peace, or safety of this state. SECTION 5: Suspension of trial *The privilege of the writ of Habeas Corpus (fair trial), shall not be suspended unless when in cases of rebellion or invasion the public safety may require its suspension. SECTION 6: Bail and fines; cruel/unusual punishments; detention of witnesses. *'Section 6, Subsection 1:' Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted, nor shall witnesses be unreasonably detained. **'Section 6, Subsection 1/a (''Justice Act):' The death sentence in the State of San Andreas does not bear the status of cruel or unusual punishment, except in the case of a slow death. SECTION 7: Bail; exception for capital offenses and certain murders. *All persons shall be bailable by sufficient sureties; unless for capital offenses or murders punishable by life imprisonment/death without possibility of parole when the proof is evident or the presumption great. SECTION 8: Rights of accused *'Section 8, Subsection 1:' No person shall be tried for a capital or other infamous crime (except in cases of impeachment, and in cases of the militia when in actual service and the land and naval forces in time of war, or which this state may keep, with the consent of Congress, in time of peace, and in cases of petit larceny, under the regulation of the legislature) except on presentment or indictment of the grand jury, or upon information duly filed by a district attorney, or the Attorney General of San Andreas, and in any trial, in any court whatever, the party accused shall be allowed to appear and defend in person, and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled, in any criminal case, to be a witness against himself. *'Section 8, Subsection 2:' The legislature shall provide by law for the rights of victims of crime, personally or through a representative, to be: **'Section 8, Subsection 2/a:' Informed, upon written request, of the status or disposition of a criminal proceeding at any stage of the proceeding; **'Section 8, Subsection 2/b:' Present at all public hearings involving the critical stages of a criminal proceeding; and **'Section 8, Subsection 2/c:' Heard at all proceedings for the sentencing or release of a convicted person after trial. *'Section 8, Subsection 3:' Except as otherwise provided in subsection 4, no person may maintain an action against the state or any public officer or employee for damages or injunctive, declaratory or other legal or equitable relief on behalf of a victim of a crime as a result of a violation of any statute enacted by the legislature pursuant to subsection 2. No such violation authorizes setting aside a conviction or sentence or continuing or postponing a criminal proceeding. *'Section 8, Subsection 4:' A person may maintain an action to compel a public officer or employee to carry out any duty required by the legislature pursuant to subsection 2. *'Section 8, Subsection 5:' No person shall be deprived of life, liberty, or property, without due process of law. *'Section 8, Subsection 6:' Private property shall not be taken for public use without just compensation having been first made, or secured, except in cases of war, riot, fire, or great public peril, in which case compensation shall be afterward made. SECTION 9: Freedom of speech in the press *Every citizen may freely speak, write and publish his sentiments on all subjects being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for libels, the truth may be given in evidence to the jury; and if it shall appear to the fury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the party shall be acquitted or exonerated. SECTION 10: Right to assemble *The people shall have the right freely to assemble together to consult for the common good, to instruct their representatives and to petition the legislature for redress of grievances. SECTION 11: Right to bear arms *'Section 11, Subsection 1:' Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes. *'Section 11, Subsection 2:' The military shall be subordinate to the civil power; no standing army shall be maintained by this state in time of peace, and in time of war or governor-declared states of emergency, no appropriation for a standing army shall be for a longer time than two years. SECTION 12: Soldier in private property *No soldier shall, in time of peace be quartered in any house without the consent of the owner, nor in time of war, except in the manner to be prescribed by law. SECTION 13: Representation *Representation shall be apportioned according to population. SECTION 14: Exemption of property from execution; imprisonment for dept *The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for payment of any debts or liabilities hereafter contracted; and there shall be no imprisonment for debt, except in cases of fraud, libel, or slander, and no person shall be imprisoned for a militia fine in time of peace. SECTION 15: Bill of attainder; ex-post-facto-law; obligation of contact *No bill of attainder, ex-post-facto-law, or law impairing the obligation of contracts shall ever be passed. SECTION 16: Involuntary servitude *Neither slavery nor involuntary servitude unless for the punishment of crimes shall ever be tolerated in this state. SECTION 17: Unreasonable seizure and search; issuance of warrants *The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place or places to be searched, and the person or persons, and thing or things to be seized. SECTION 18: Treason *Treason against the state shall consist only in levying war against it, adhering to its enemies or giving them aid and comfort. And no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. SECTION 19: Rights retained by people *This enumeration of rights shall not be construed to impair or deny others retained by the people. SECTION 20: Limitation on recognition of marriage *(Straight Marriage Act):'' Only a marriage between a male and female person shall be recognized and given effect in this state. ARTICLE 2: Rights of Suffrage SECTION 1: Right to vote *All citizens of the United States of the age of eighteen years and upwards, who shall have resided in the state for six months, and in the district or county for thirty days next preceding any election, shall be entitled to vote for all officers that now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony in any state or territory of the United States, unless restored to civil rights, and no person who has been adjudicated mentally incompetent, unless restored to legal capacity, shall be entitled to the privilege of an elector. There shall be no denial of the elective franchise at any election on account of sex, gender or race. The legislature may provide by law the conditions under which a citizen of the United States who does not have the status of an elector in another state and who does not meet the residence requirements of this section may vote in this state for President and Vice President of the United States. SECTION 2: When residence not gained or lost *For the purpose of voting, no person shall be deemed to have gained or lost a residence solely by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of the United States or of the high seas; nor while a student of any institution of learning; nor while kept at any charitable institution or medical facility at public expense; nor while confined in any public prison. SECTION 3: Privilege of qualified electors on general election day *During the day on which any general election shall be held in this state, no qualified elector shall be arrested by virtue of any civil process. SECTION 4: Voting by ballot; voting in elections by legislature *All elections by the people shall be by ballot, and all elections by the legislature, or by either branch thereof shall be “Viva-Voce”. SECTION 5: Registration of electors; test of electoral qualifications Provision shall be made by law for the registration of the names of the electors within the counties of which they may be residents and for the ascertainment by proper proofs of the persons who shall be entitled to the right of suffrage, as hereby established, to preserve the purity of elections, and to regulate the manner of holding and making returns of the same; and the legislature shall have power to prescribe by law any other or further rules or oaths, as may be deemed necessary, as a test of electoral qualification. SECTION 6: Recall of public officers: Procedure and limitations *Every public officer in the State of San Andreas is subject, as herein provided, to recall from office by the registered voters of the state, or of the county, district, or municipality which he represents. For this purpose, not less than twenty-five percent (25%) of the number who actually voted in the state or in the county, district, or municipality which he represents, at the election in which he was elected, shall file their petition, in the manner herein provided, demanding his recall by the people. They shall set forth in said petition, in not exceeding two hundred (200) words, the reasons why said recall is demanded. If he shall offer his resignation, it shall be accepted and take effect on the day it is offered, and the vacancy thereby caused shall be filled in the manner provided by law. If he shall not resign within five (5) days after the petition is filed, a special election shall be ordered to be held within thirty (30) days after the issuance of the call therefor, in the state, or county, district, or municipality electing said officer, to determine whether the people will recall said officer. On the ballot at said election shall be printed verbatim as set forth in the recall petition, the reasons for demanding the recall of said officer, and in not more than two hundred (200) words, the officer’s justification of his course in office. He shall continue to perform the duties of his office until the result of said election shall be finally declared. Other candidates for the office may be nominated to be voted for at said special election. The candidate who shall receive highest number of votes at said special election shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed, or another. The recall petition shall be filed with the officer with whom the petition for nomination to such office shall be filed, and the same officer shall order the special election when it is required. No such petition shall be circulated or filed against any officer until he has actually held his office six (6) months, save and except that it may be filed against a senator in the legislature at any time after ten (10) days from the beginning of the first session after his election. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless such further petitioners shall pay into the public treasury from which the expenses of said special election have been paid, the whole amount paid out of said public treasury as expenses for the preceding special election. Such additional legislation as may aid the operation of this section shall be provided by law. ARTICLE 3: Distribution of Powers SECTION 1: Three separate departments; separation of powers; legislative review of administrative regulations *'Section 1, Subsection 1:' The powers of the Government of the State of San Andreas shall be divided into three separate departments, the legislative ("Senate"), the executive and the judicial; and no persons charged with the exercise of powers properly belonging to one of these departments shall exercise any functions, appertaining to either of the others, except in the cases expressly directed or permitted in this constitution. *'Section 1, Subsection 2:' If the legislature authorizes the adoption of regulations by an executive agency which bind persons outside the agency, the legislature may provide by law for: **'Section 1, Subsection 2/a:' The review of these regulations by a legislative agency before their effective date to determine initially whether each is within the statutory authority for its adoption; **'Section 1, Subsection 2/b:' The suspension by a legislative agency of any such regulation which appears to exceed that authority, until it is reviewed by a legislative body composed of members of the Senate; and **'Section 1, Subsection 2/c:' The nullification of any such regulation by a majority vote of that legislative body, whether or not the regulation was suspended. ARTICLE 4: Legislative branch SECTION 1: Legislative power vested in the Senate *The legislative authority of this state shall be vested in the Senate which shall be designated “The legislature of the State of San Andreas” and the sessions of such legislature shall be held at the seat of government in Fort Carson. SECTION 2: Senators: Election and term of office; eligibility for office *'Section 2, Subsection 1:' Senators shall be chosen each four years by the qualified electors of their respective districts, and their term of office shall be four years from the day next after their election. *'Section 2, Subsection 2:' No person may be elected or appointed as a Senator who has served in that office, or at the expiration of his current term if he is so serving will have served, 12 years or more, from any district of this state. SECTION 3: Power of Senate to judge qualifications, elections and returns of members; selection of officers; rules of proceedings; punishment of members *The Senate shall judge the qualifications, elections and returns of its own members, choose its own officers (except the President of the Senate), determine the rules of its proceedings and may punish its members for disorderly conduct, and with a majority vote of members elected, expel a member. SECTION 4: Punishment of nonmember *Senate, during the session, may punish, by imprisonment, any person not a member, who shall have been guilty of disrespect to the Senate by disorderly or contemptuous behavior in its presence; but such imprisonment shall not extend beyond the final adjournment of the session. SECTION 5: Embezzler of public money ineligible for office; disqualification for bribery *Any person who shall be convicted of the embezzlement, or defalcation of the public funds of this state or who may be convicted of having given or offered a bribe to procure his election or appointment to office, or received a bribe to aid in the procurement of office for any other person, shall be disqualified from holding any office of profit or trust in this state; and the legislature shall, as soon as practicable, provide by law for the punishment of such defalcation, bribery, or embezzlement as a felony. SECTION 6: Privilege of members: Freedom from arrest on civil process *Members of the legislature shall be privileged from arrest on civil process during the session of the legislature, and for fifteen days next before the commencement of each session. SECTION 7: Vacancy *In case of the death or resignation of any member of the legislature, the person from the previous election who received the next-most votes will fill such vacancy; except if said vacancy occurs less than 30 days from the next Senatorial election. SECTION 8: Journal *The Senate shall keep a journal of its own proceedings which shall be published and the yeas and nays of the members on any question shall at the desire of any three members present, be entered on the journal. SECTION 9: Bills *For a bill to become law, a majority vote of the Senate needs to take place; except in the case of public referendum, in which a majority vote for the public needs to take place. SECTION 10: Laws prohibited *The Senate may not pass any laws in the following cases: **Regulating the practice of courts of justice; **Major changes to elections detailed in this constitution. SECTION 11: Disqualification of jurors; elections *Laws shall be made to exclude from serving on juries, all persons not qualified electors of this state, and all persons who shall have been convicted of bribery, perjury, forgery, larceny or other high crimes, unless restored to civil rights; and laws shall be passed regulating elections, and prohibiting under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice. SECTION 12: Bills to be presented to governor; approval; disapproval and reconsideration by legislature; failure of governor to return bill *Every bill which may have passed the legislature, shall, before it becomes a law be presented to the Governor. If he approve it, he shall sign it, but if not he shall return it with his objections, and the Senate will enter said objections to their journal, and proceed to reconsider it; If after such reconsideration it again pass the Senate by yeas and nays, by a majority vote of the members elected, it shall become a law notwithstanding the Governor's objections. If any bill shall not be returned within five days after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the legislature by its final adjournment, prevent such return, in which case it shall be a law, unless the Governor within ten days next after the adjournment shall file such bill with his objections thereto, in the office of the President of the Senate, who shall lay the same before the legislature at its next session, in like manner as if it had been returned by the Governor, and if the same shall receive the majority vote of the members elected, upon a vote taken by yeas and nays to be entered upon the journals of each house, it shall become a law. SECTION 13: Continuity of government in case of enemy attack; succession to public offices; legislative quorum requirements; relocation of seat of government *The legislature, in order to insure continuity of state and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty to provide for immediate and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations, including changes in quorum requirements in the legislature and the relocation of the seat of government. In the exercise of the powers hereby conferred, the legislature shall conform to the requirements of this constitution except to the extent that in the judgment of the legislature so to do would be impracticable or would admit of undue delay. SECTION 14: Use of plant of genus Cannabis for medical purposes *'Section 14, Subsection 1:' The legislature shall provide by law for: **'Section 14, Subsection 1/a:' The use by a patient, upon the advice of his physician, of a plant of the genus Cannabis for the treatment or alleviation of cancer, glaucoma, acquired immunodeficiency syndrome; severe, persistent nausea of cachexia resulting from these or other chronic or debilitating medical conditions; epilepsy and other disorders characterized by seizure; multiple sclerosis and other disorders characterized by muscular spasticity; or other conditions approved pursuant to law for such treatment. **'Section 14, Subsection 1/b:' Restriction of the medical use of the plant by a minor to require diagnosis and written authorization by a physician, parental consent, and parental control of the acquisition and use of the plant. **'Section 14, Subsection 1/c:' Protection of the plant and property related to its use from forfeiture except upon conviction or plea of guilty or nolo contendere for possession or use not authorized by or pursuant to this section. **'Section 14, Subsection 1/d:' A registry of patients, and their attendants, who are authorized to use the plant for a medical purpose, to which law enforcement officers may resort to verify a claim of authorization and which is otherwise confidential. **'Section 14, Subsection 1/e:' Authorization of appropriate methods for supply of the plant to patients authorized to use it. *'Section 14, Subsection 2:' This section does not: **'Section 14, Subsection 2/a:' Authorize the use or possession of the plant for a purpose other than medical or use for a medical purpose in public. **'Section 14, Subsection 2/b:' Require reimbursement by an insurer for medical use of the plant or accommodation of medical use in a place of employment. Category:Government